DEVENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioners, who are 225 in number, seek direction upon the respondents to pay them salary since July 1990 and consider their cases for absorption/regular appointment against class IV post of Mali in different departments of the State taking into account their past services running between 13 to 15 years.

(2.) WE find that quite a number of writ petitions were filed in the past on behalf of the similarly situate persons seeking similar directions, in some of which orders were passed for payment of salary for certain periods. Some of the orders were also modified at the instance of the State. Three writ petitions, being CWJC Nos. 4767/91 (Tarkeshwar Sharma and others), 3897/91 (Ram Babu Yadav and others) and 4768/91 (Maheshwar Singh and others) came up for hearing before a Division Bench (Corum : B.P. Singh and Aftab Alam, JJ.). By a detailed judgment taking into account the facts and circumstances of the case and judgments on the point, the petitions were dismissed. The Court held that the petitioners were not entitled to any mandamus. It is not possible to take a different view and give any positive direction in favour of the petitioners. It may be relevant to point out here that according to the respondents, the petitioners herein did not work even for a single day and therefore, their claim is without any basis at all.

(3.) WE are unable to appreciate the manner in which such large scale of appointment were made. This Court accordingly earlier asked Shri V.N.Sinha, learned Government Pleader to take instructions as to whether any proceedings including criminal cases has been instituted against Shri Baldev Raut by the State Government or not. Today when the case was taken up Shri Sinha stated that Shri Baldev Raut died on 15.2.91 itself when he was still in service. In that view of the matter, the question of issuing any direction to the Government to take action against him does not arise.